Peltola Campaign Sues Alaska Over Rejected Absentee Ballot Records

The campaign for Democratic U.S. Senate candidate Mary Peltola has filed a lawsuit against the State of Alaska. The legal action seeks access to records regarding absentee ballots that the Alaska Division of Elections has rejected. The filing asserts that the campaign requested this information on multiple occasions and was denied each time.

The lawsuit argues that the campaign cannot confirm valid votes are included in the total without knowing which ballots were rejected and why. A court filing states that the plaintiff is entitled to the records to help ensure qualified voters have their ballots counted. The document notes that every hour the state denies access reduces the campaign's ability to verify the count.

The legal dispute occurs while Peltola holds a narrow lead of just over 600 votes over Republican Senator Dan Sullivan. Approximately 30 percent of the vote remains uncounted. No winner had been projected in the contest as of Saturday morning, November 7.

The Division of Elections responded to the lawsuit in a release on Friday. The agency argued that voters whose ballots were rejected have not yet received that information themselves. The release stated that Alaska laws do not require the division to provide the data in the manner requested. It added that releasing preliminary information could create processing burdens and delay the timely counting of votes.

This race has already faced other legal challenges. The Trump administration previously sued to block certification if Sullivan loses, citing potential voter confusion from a candidate named Daniel J. Sullivan Jr. on the ballot. A judge dismissed that case before Election Day, though the administration pledged to appeal.

Counting in Alaska is expected to continue for several more days. Ballots from outside the country can be accepted up to 15 days after the election if postmarked by Election Day. Additional results are not required to be reported until November 10, though the state may release them earlier. Final totals are due by November 18.

If no candidate achieves 50 percent of the vote, Alaska will use its ranked choice voting system for an instant runoff. The last-place candidate will be eliminated, and their supporters' subsequent choices will be redistributed until one candidate holds a majority. A Peltola victory would mark the eighth Senate seat flipped by Democrats since Tuesday night. Ballots are also still being tallied in Mississippi's Senate contest, where Democrat Scott Colom leads incumbent Republican Senator Cindy Hyde-Smith.